| November 4, 2011 |
USPTO issues Right of Appeal Notice confirming the “patentability” of original claims 1-27 and numerous new claims. |
Right of Appeal Notice 
List of Claims |
| June 21, 2011 |
WiLAN files its Supplemental Petition to Terminate this re-examination proceeding. |
Supplemental Petition |
| March 29, 2011 |
WiLAN files Petition to Terminate the Reexamination Request filed by Intel and Broadcom. |
Petition |
| March 25, 2011 |
USPTO issues Order Denying (Terminating) Re-exam Request filed by CSR. |
Order |
| March 11, 2011 |
WiLAN files Petition to Vacate Reexam Request of CSR plc., filed January 21, 2011. |
Petition
Receipt for Petition |
| January 31, 2011 |
Broadcom and Intel file their respective notices that they will no longer participate in the reexamination proceedings. |
Notice |
| January 21, 2011 |
Employees of Cambridge Silicon Radio files re-exam request. |
Request |
| August 16, 2010 (Mail Date) |
USPTO issues Correction to prior decision vacating reexamination filing date. |
Correction |
| July 20, 2010 |
WiLAN files Petition requesting full opportunity to submit evidence or amendment as to new claims 28-155. |
Petition |
| June 29, 2010 |
WiLAN files Petition to Clarify Third Party Requester Status of Intel. |
Petition |
| June 15, 2010 |
WiLAN files Petition to clarify certain facts relating to third parties’ petition for proper service. |
Petition |
| May 17, 2010 |
Wi-LAN files its Amendment/Response to the USPTO Office Action dated February 26, 2010, which includes 127 new patent claims. |
Amendment/Response to the USPTO Office Action |
| April 26, 2010 |
The USPTO issues decision granting WiLAN an extension of time until May 17, 2010 to deliver its response to the USPTO non-final office action mailed February 26, 2010. |
Decision |
| February 26, 2010 (Mail Date) |
The USPTO has granted the re-examination request and has issued a first office action rejecting the claims of the 6,549,759 patent. This is the typical first step in the re-examination process. Wi-LAN will file its response in due course and the re-examination process will continue for approximately 18-24 months. The '759 patent remains valid and enforceable unless and until a final contrary determination has been made by the USPTO and all appeal rights have been exhausted.
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Re-examination Grant |
| January 21, 2010 |
Broadcom Corporation and Intel Corporation file Request for Inter Partes Re-examination at the U.S. Patent and Trademark Office in respect of U.S. Patent No. 6,549,759 owned by Wi-LAN Inc.
Management Comment
This patent is one of the patents involved in Wi-LAN’s EDTX case Case 2:07-cv-00473. It has now become very common for Defendants in patent infringement lawsuits to, as part of their defense strategy, file requests for re-examination of patents at issue in such actions. It is expected that the U.S. Patent and Trademark Office will respond to this request within the next 3 months.
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Re-exam Request |